National Bank of Geneva v Case Credit Corp.
2007 NY Slip Op 00921 [37 AD3d 1172]
February 2, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 11, 2007


The National Bank of Geneva, Respondent, v Case Credit Corporation et al., Appellants, et al., Defendants. (Appeal No. 3.)

—[*1] McNamee, Lochner, Titus & Williams, P.C., Albany (Christopher Ciaccio of counsel), for defendants-appellants.

Phillips Lytle LLP, Buffalo (Michael S. Cerrone of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Ontario County (Kenneth R. Fisher, J.), entered January 24, 2006. The order awarded plaintiff costs and expenses incurred with respect to certain motions in the amount of $6,847.50 against defendants Case Credit Corporation and Case Corporation.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs.

Same memorandum as in National Bank of Geneva v Case Credit Corp. (37 AD3d 1169 [2007]). Present—Scudder, P.J., Hurlbutt, Gorski and Martoche, JJ.